New Constitutionalism in Latin America

New Constitutionalism in Latin America
Title New Constitutionalism in Latin America PDF eBook
Author Almut Schilling-Vacaflor
Publisher Routledge
Pages 436
Release 2016-04-29
Genre Political Science
ISBN 1317088638

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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

The Latin American Casebook

The Latin American Casebook
Title The Latin American Casebook PDF eBook
Author Juan F. Gonzalez-Bertomeu
Publisher Routledge
Pages 297
Release 2016-04-20
Genre Law
ISBN 1317026209

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Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Latin American Constitutionalism,1810-2010

Latin American Constitutionalism,1810-2010
Title Latin American Constitutionalism,1810-2010 PDF eBook
Author Roberto Gargarella
Publisher
Pages 298
Release 2013-08-29
Genre History
ISBN 0199937966

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This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

Making Constitutions

Making Constitutions
Title Making Constitutions PDF eBook
Author Gabriel L. Negretto
Publisher Cambridge University Press
Pages 297
Release 2013-06-17
Genre Political Science
ISBN 1107026520

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Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Constitutional Protection of Human Rights in Latin America

Constitutional Protection of Human Rights in Latin America
Title Constitutional Protection of Human Rights in Latin America PDF eBook
Author Allan R. Brewer-Carías
Publisher Cambridge University Press
Pages 450
Release 2009
Genre Law
ISBN 0521492025

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This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America
Title Transformative Constitutionalism in Latin America PDF eBook
Author Armin von Bogdandy
Publisher Oxford University Press
Pages 465
Release 2017-06-16
Genre Law
ISBN 0192515462

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This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

The Constitution of Tyranny

The Constitution of Tyranny
Title The Constitution of Tyranny PDF eBook
Author Brian Loveman
Publisher
Pages 504
Release 1993
Genre Political Science
ISBN

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A comprehensive study of the constitutional foundations of dictatorship and political repression in Spanish America, revealing the historical role of regimes of exception in impeding democratization and buttressing military participation in the region's politics. Annotation copyright by Book News, Inc., Portland, OR